| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 212/04 |
| Hearing date | 26 May 2004 |
| Determination date | 22 June 2004 |
| Member | L Robinson |
| Representation | M Treen ; P Swarbrick |
| Location | Auckland |
| Parties | Cherrington v New Zealand Post Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Whether procedurally fair and substantially justified - Non-delivery of mail - Second time within a week - Customer complaints about mail fallen out of boxes - Applicant aware of seriousness of matter - Opportunity to be heard given - Explanations rejected - Dismissal procedurally fair - Whether conduct amounted to serious misconduct - Employment agreement listed reckless or deliberate non-delivery as serious misconduct - Central issue was whether conduct deeply impaired trust and confidence - Misconduct central to applicant's duties - Breached trust and confidence - Serious misconduct established - Dismissal open to fair and reasonable employer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Boat Park Ltd v Hutchinson [1999] 2 NZLR 74;BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;Click Clack International Ltd v James [1994] 1 ERNZ 15;Glass v The National Bank of New Zealand Ltd unreported, Travis J, 29 September 2003, AC 53/03;Jupiter General Insurance Co Ltd v Shroff [1937] 3 All ER 67;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 12 |
| PDF File Link: | aa 212_04.pdf [pdf 67 KB] |